Hospital Comm. for Livermore-Pleasanton Areas v. City of Oakland, No. A122674

In an action by a hospital to recover costs from a city based on the hospital's treatment of an arrestee, judgment for plaintiff is reversed where, under the nature of the offense rule, the county, not the city, was responsible under Cal. Penal Code section 4011 for the costs at issue because the arrestee was hospitalized while incarcerated for violations of probation and parole under state law.

Read Hospital Comm. for Livermore-Pleasanton Areas v. City of Oakland, No. A122674

Appellate Information

Filed August 24, 2009

Judges

Opinion by Judge Marchiano

Counsel

For Appellant:

Randolph W. Hall, Assistant City Attorney, Oakland, CA

Christopher Kee, Deputy City Attorney, Oakland, CA

For Respondent:

James E. Towery, Hoge, Fenton, Jones & Appel, San Jose, CA

Alison P. Buchanan, Hoge, Fenton, Jones & Appel, San Jose, CA